Forensic Hospital CCTV Proposal

Dear Member, We have received the attached letter from Justice Health regarding the implementation of Closed Circuit Television (CCTV) at the Forensic Hospital in the following areas:

• Austinmer Adolescent Unit • Austinmer Women’s Unit • Bronte Unit • Recreation Hall

Under the Workplace Surveillance Act 2005 (NSW) your employer must give written notice of at least 14 days prior to any surveillance being commenced. The notice must indicate the following:

• the kind of surveillance to be carried out (camera, computer, or tracking)

• how the surveillance will be carried out • when the surveillance will start • whether the surveillance will be continued or intermittent • whether surveillance will be for a specified limited period or otherwise.

Additionally, for new employees that commence employment following the implementation of the surveillance must be notified of the CCTV before they start work. Given that Justice Health has decided to install cameras for surveillance, the cameras must be place somewhere that is clearly visible so that employees can see that surveillance is taking place in that area. Signs must also be installed to notify people that they may be under surveillance in that place and this must be clearly visible at each entrance to the area. It is also important to note that the Workplace Surveillance Act 2005 (NSW) prohibits or restricts surveillance in the following places:

• prohibits surveillance in a change room, toilet facility, or shower or other bathing facility at a workplace

• restricts and regulates the blocking by employers of emails and internet access of employees at work, particularly preventing employers from blocking access to emails or internet sites because the content relates to industrial matters

• restriction on the use and disclosure of covert surveillance records.

Newsletter: 300/2018 Date: 1 June 2018

Distribution: Forensic Hospital members Contact: Your HSU Organiser

If you have any concerns in relation to the attached proposal, please contact your organiser at Denise.OShaughnessy@hsu.asn.au. The Union will continue to keep members updated with any new information that we may receive from Justice Health in relation to this matter. In unity,

Gerard Hayes Secretary, HSU NSW/ACT/QLD

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PRINT WARNING Printed copies of this document or part thereof

must not be relied upon as a current reference document. Always refer to the electronic copy for the latest version.

Forensic Hospital – Internal Closed Circuit Television (CCTV)

Dated Conducted: May 2018 Associated Policies/Guidelines/Procedures: Workplace Surveillance Act NSW 2005 Mental Health (Forensic Provisions) Act 1990 Surveillance Devices Act 2007 NSW Health Protecting People & Property 2013 AS4485 Security in Healthcare Facilities Mental Health Act 2014 Information Privacy Act 2000. Charter of Human Rights Act 2006. Closed Circuit Television (CCTV) Policy Thomas Embling Hospital Action Officer: Lee McLaughlin – a/Manager Security & Fire Safety, Forensic Hospital Signature: ____________________Date: ________________

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Contents Page

Introduction 3

Utilisation in other comparable facilities 4

Adopted Standards 5

Determining the need 5

Notification Requirements 5

Monitoring & Storage of Camera Surveillance Images 6

Placements of CCTV Units 6

Use and disclosure of CCTV Records 6

Covert Surveillance 6

Appendix A 7

Appendix B 11

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Introduction Between May and June 2017 a review of the CCTV system was undertaken by the Manager Security & Fire Safety in consultation with the Forensic Hospital Senior Management Team at the request of the Executive Director Clinical Operations. The review included:

a. How CCTV is used in other facilities and jurisdictions b. How CCTV would best be implemented in the Forensic Hospital, including how to avoid it being used

by staff for observation of patients. c. General recommendations and recommendations of locations of new CCTV cameras. d. An updated risk assessment.

The Forensic Hospital CCTV system methodology was endorsed in design phase and clearly defined in the facility CCTV design specifications. After reviewing the original specification against what is currently in place at the Forensic Hospital, the current CCTV system met the original agreed requirements and specification.

In April 2018 the proposed upgrade and brief was approved by the Chief Executive of Justice Health to commence the process required for the installation of CCTV into newly identified areas of the Forensic Hospital.

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Utilisation in other comparable facilities Thomas Embling Hospital (TEH) 116 bed high secure Forensic Mental Health Hospital, Melbourne Victoria ** Information provided by Michael Evans, Manager of Security via telephone.

Originally TEH had the same methodology for CCTV as the NSW Forensic Hospital which was mainly focused on the perimeter security. After a death in custody in 2012 a coroner’s report advised CCTV be introduced internally into the hospital. Since that time, TEH now has 30 CCTV cameras per unit/ward in patient common areas, totalling 180 CCTV cameras in unit/ward patient common areas across the hospital. TEH has a further 140 CCTV cameras on the perimeter and other areas deemed as patient common areas totalling 320 CCTV cameras across the entire facility.

Wilfred Lopes Centre (WLC) 35 bed (Funded for 23) high secure Forensic Mental Health Hospital, Risdon Vale Tasmania ** Information provided by Kelley YATES and Glen LE CLERC via site visit in June 2017.

WLC utilises CCTV coverage in all patient common areas with the exception of bedrooms and bathrooms. CCTV viewing monitors are located in both the Security Control Room and in the Staff Station on the unit. The CCTV viewing monitor shows live footage from areas outside of the unit. The screens in the staff station are positioned low under the windows, out of the line of sight of patient’s. Staff are encouraged to be out in patient areas, and for the duration of our visit, this was seen to be the case, with clinical staff not occupying the staff station.

The Frankland Centre (TFC) 30 bed high secure Forensic Mental Health Hospital, Claremont Western Australia ** Information provided by Kelley YATES and Glen LE CLERC via site visit in, June 2017. A high secure forensic inpatient unit with 30 beds currently located on Graylands Campus. Referrals are state-wide and come from the Courts (Hospital Orders) and the Prisons. TFC utilises CCTV coverage in all areas with the exception of bedrooms and bathrooms. The screens in the staff station were positioned up high out of the line of sight of patient’s. There were also monitors placed high at the entry of the common areas of the acute unit. The philosophy of TFC was very similar to WLC. The CCTV was not viewed as a means of supervision. TFC used the CCTV footage as a means of post-incident review. This could include examining how and when interventions were made, or the effectiveness of restraints when applied. TFC also mentioned that they had one incident of a staff member assaulting a patient. The CCTV footage was used as evidence to the support action taken with the staff member. James NASH (JN) 30 bed high secure Forensic Mental Health Hospital, Oakden South Australia ** Information provided by Kelley YATES and Glen LE CLERC via site visit in May 2017

JN had limited CCTV coverage in patient areas. CCTV was limited to views of patient corridors from the Security Control Room and formed part of the access control rather than a Fob system, the Security Officers in the control room at JN would open secure doors between units in response to an intercom. The CCTV is used to check that the doors are safe to open.

Please note that all the facilities above accommodate adult correctional patients inside their facilities, the NSW Forensic Hospital does not typically care for adult correctional patients on a regular basis.

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The internal CCTV installation is being carried out in-line with the Ministry of Health protecting people and property 2013. The following section summarises how these requirements are being met. Adopted Standards Overt (i.e. clearly visible) Internet Protocol (IP) based CCTV cameras will only be used inside the Forensic Hospital. These cameras are a mixture of standard sized fixed cameras and vandal proof domes. There will be no pan tilt zoom (PTZ) cameras used as part of the internal CCTV program. The cameras will vary between four megapixels (4mp) and twelve megapixels (12mp) in quality depending on location and placement. Determining the Need The need to install CCTV into internal areas of the Forensic hospital has been determined by various internal and external reviews, including but not limited to the external security review of the Forensic Hospital by Harris Crime Prevention Services in 2016. It has been identified that the internal CCTV would be best suited to areas of the Hospital that have a higher activity of incidents. These areas have been identified in Appendix A Purpose The purpose for installing the CCTV is for post incident management and review, including protection for staff against false or malicious accusations by patients. Notification Requirements Consultation is been undertaken with the following groups:

1. The NSW Nurse & Midwifes Association 2. The NSW Health Services Union 3. Australian Salaried Medical Officers Federation 4. The Forensic Hospital Senior Management Team 5. The Forensic Hospital WH&S Committee 6. The Forensic Hospital Leave & Admissions Committee 7. The Forensic Hospital Clinical Governance Committee 8. Justice Health Medical Staff Council

Please see Appendix B for the letter that has been sent to the staff associations. In addition to the above, notification is been via the following methods:

1. Email communications to all staff of the Forensic Hospital. 2. Notices posted in staff stations across all units. 3. Notices posted in all staff break and rest areas across all units. 4. Notices posted inside the secure entry gate area, clearly visible to staff. 5. This purpose document will also be made freely available to all staff.

Notification is required 14 days prior to the activation of the CCTV system. Notification requirements issued in line with the Workplace Surveillance act 2005:

a. The kind of Surveillance to be carried out. b. How the surveillance is to be carried out. c. When the Surveillance will commence. d. If the Surveillance will be continuous or intermittent. e. If the Surveillance will be for a specified period of time or ongoing. f. How the notification will be communicated.

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Monitoring and Storage of Camera Surveillance Images CCTV will be in operation 24 Hours per day. The only authorised location to live view and or replay saved images will be the Manager of Security & Fire Safety Office. All CCTV images and recordings will be held on the associated servers for 21 days and then automatically recorded over. G4S The G4S team via the security control room will have limited authority to access the internal CCTV. In line with their contract requirements G4S will only perform periodic system checks to ensure that the CCTV internally and externally is working properly. In the event an internal CCTV camera has been identified as not working, formal communications will be made by G4S to the Forensic Hospital Manager of Security, Director Nursing and Services & the Unit Manager of the unit affected. The G4S control room will not have access to the saved images of the internal CCTV. Placement of CCTV Units. Please refer to Appendix A The selected locations of the internal CCTV was determined in the initial review in June 2017. With the exception of the medication rooms and the after-hours pharmacy corridor, CCTV coverage is limited to patient common areas of Austinmer, Bronte and the Recreational Hall. If future changes to the type or location of CCTV is required, additional consultation will take place. Use and disclosure of CCTV records Access to recorded internal CCTV footage is only via the terminal located in the Manager of Security & Fire Safety Office. This access is password protected and inside a locked office. Approval to access the internal CCTV will be via request to the Manager of Security & Fire Safety. The Workplace Surveillance act 2005 requires that any record made as a result of the internal CCTV must not be disclosed to persons outside of Justice Health unless the disclosure is:

• To a member or officer of a law enforcement agency (e.g. NSW Police Force) or safe work NSW for use in connection with the detection, investigation or prosecution of an offence.

• For a purpose that is directly or indirectly related of civil or criminal proceedings • Reasonably believed to be necessary to avert an imminent threat of serious violence or of substantial

damage to property. Covert Surveillance There is no scope for any use of covert CCTV as part of the internal CCTV program. The location of all CCTV cameras will be visible to patients and staff and defined in Appendix A.

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Appendix 1 ACU 1 - Austinmer

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ACU 2 – Bronte

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Recreation hall

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Appendix B – Example of the Letter of Notification